Case law

Kramer, S. v. Nationwide Insurance, Aplt.

Supreme Court of Pennsylvania · Apr 25, 2024

In their motion for summary judgment, Parents averred that there was “no dispute” that “Decedent suffered bodily injury from an accident” while on their property and, therefore, that Decedent’s bodily injury qualified as … Generally, “[w]rongful death damages are established for the purpose of compensating the spouse, children, or parents of a deceased for pecuniary loss they have sustained as a result of the death of the decedent.”

Commonwealth, Aplt. v. Grace, A.

Supreme Court of Pennsylvania · Sep 28, 2016

Rather, the trial and intermediate courts clearly applied general contract law in deciding that Appellees should receive the benefit of their bargains. … Nonetheless, as the Hainesworth court recognized, plea agreements clearly are contractual in nature. See Puckett v.

Erie Insurance Exchange v. Baker

601 Pa. 355 · Supreme Court of Pennsylvania · Jun 22, 2009

Eichelman qualified as an insured resident relative under each policy. … Assuming ABATE's description of the situation is accurate, it clearly reflects the higher risks and dangers of motorcycles.

Hutchison v. MONTGOMERY WARD & CO.

364 Pa. 126 · Supreme Court of Pennsylvania · Jan 16, 1950

Clearly there was no actual notice of any negligent condition existing upon the roof. . . … Only young and skillful men are qualified for such work.

Commonwealth v. Miller

605 Pa. 1 · Supreme Court of Pennsylvania · Dec 28, 2009

DeForest qualified his opinion that the position of the victim’s body made it unlikely that a rape occurred by admitting that intercourse could have occurred in the position in which the victim was found. … Cooke’s testimony that he measured Appellants I.Q. in a range from 81 to 89, thereby demonstrating that Appellant, though of limited mental ability, was clearly not mentally retarded.

Commonwealth v. Flor

606 Pa. 384 · Supreme Court of Pennsylvania · Jul 22, 2010

Clearly, he has the full capability to cooperate with his counsel. … considering the testimony of numerous witnesses at the scene of the murder as to Appellant’s actions on the night of the crime and Appellant’s later admissions, “concluded that [A]ppellant’s mental state was not such as would qualify

Blum v. Merrell Dow Pharmaceuticals, Inc.

534 Pa. 97 · Supreme Court of Pennsylvania · Jun 3, 1993

Id. at 299 , 110 A. 738 -739 (citations omitted) (emphasis add *114 ed). 10 Clearly, our case law indicates that “trial by jury” means a jury of twelve persons. … To provide that the right of trial by jury shall remain inviolate is to forbid the state through the legislative, judicial, or executive department — one or all— from ever burdening, disturbing, qualifying, or tampering with

Lincoln Phila. Realty Associates v. BD. OF REVISION OF TAXES OF CITY AND CTY. OF PHILADELPHIA

758 A.2d 1178 · Supreme Court of Pennsylvania · Oct 4, 2000

Consolidated Statutes, which governs administrative law and procedure, defines "adjudication" as "[a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities … Department of Transp., 495 Pa. 514, 520 , 434 A.2d 1209, 1212 (1981) (observing that a decision of specific application, clearly affecting property rights, is unquestionably an adjudication).

Bell, B. v. Wilkinsburg SD, Aplt.

Supreme Court of Pennsylvania · Sep 29, 2022

(2) The selection and approval of appropriate vehicles for use in district service and eligible operators who qualify under the law and regulations. … is to undo what it characterizes as deregulation efforts by “judicially reinstat[ing] a regulatory expectation [J-15-2022] - 11  In response, Propel argues that Section 23.2 clearly

Commonwealth ex rel. Specter v. Martin

426 Pa. 102 · Supreme Court of Pennsylvania · Jul 3, 1967

Constitution under the Judiciary Article, namely, Article V, as well as in the general Article XIV, §1, the District Attorney is mentioned only once in the Constitution, namely, Article XIV, §1, ** and in that one instance he is clearly … Specter argues for immunity from §10-107(5) because, he says, “The office of District Attorney was not created by the Home Rule Charter.”

Ware v. McKnight

368 Pa. Super. 502 · Supreme Court of Pennsylvania · Oct 26, 1987

When, upon review, the issue is whether evidence presented was clear, direct, precise, and convincing, a question of law is presented and such issue is clearly for determination by appellate courts. … Failure of the defendant to abide by the agreement would, of course, entitle the plaintiff to bring in an expert to qualify the blood test.

Hogarty v. Philadelphia & Reading Railway Co.

255 Pa. 236 · Supreme Court of Pennsylvania · Oct 9, 1916

If it was not valid so far as the Burlington Company was concerned, it was .clearly invalid as to the plaintiff in error and constituted no defense to this action.” … on the cross-examination of one of plaintiff’s witnesses, either party might, so long as the evidence remained in the record, claim the benefit of the Federal statute, though the pleading of neither asserted any right or immunity

Fernley v. Bd. of Sup'rs of Schuylkill Tp.

509 Pa. 413 · Supreme Court of Pennsylvania · Dec 27, 1985

A township in such a region cannot be said to be in an area of no growth or one that will be immune from suburban expansion. … This burden was clearly not met. [1] I disagree with the Majority, however, as to the remedy applicable upon this finding of a violation. The Majority cites language from Casey v.

Crown Castle NG East LLC v. PUC, Aplt.

Supreme Court of Pennsylvania · Jul 21, 2020

The PUC notes Title 2 of the Pennsylvania Consolidated Statutes define an “adjudication” as “‘any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities … Further, Section 102(1)(vi) clearly contemplates some wireless transmission services will qualify as public utilities because it includes “point-to-point microwave radio service,” which is a form of wireless transmission

Commonwealth v. Reaves

592 Pa. 134 · Supreme Court of Pennsylvania · May 31, 2007

Accordingly, the panel found that appellee had "successfully established an ineffective assistance of counsel claim." Super. Ct. Op. at 4-5. … First, the panel clearly erred to the extent that it failed to account for the performance of VOP appeal counsel. See Rush, supra ; McGill, supra .

Commonwealth v. Cousar, B., Aplt.

638 Pa. 171 · Supreme Court of Pennsylvania · Feb 22, 2017

Penrod (or a similarly qualified expert) could not have provided testimony on the reliability of Evans’[s] identification! … Johnson, 635 Pa. 665, 705-06 , 139 A.3d 1257, 1281 (2016) (defendant entitled to a Kloiber charge instructing jury identification testimony must be received with caution where witness was not in position to clearly observe

In Re Opening a Private Road for the Benefit of O'Reilly

607 Pa. 280 · Supreme Court of Pennsylvania · Sep 30, 2010

Knaus, Trustee Under Qualified Personal Residence Trust Agreement, Dated July 27, 2000; Joan L. Massella; Donna Durkan; Geraldine R. Altenhof; Aprajita Rathore & Ravi Ramamoorthy, H/W; James E. Spence & Kathy F. … While this is not an eminent domain case, § 204(b)(9) suggests the Legislature clearly intends to ensure landlocked landowners will have a continuing remedy to gain access to a public thoroughfare.

Commonwealth v. Brown

196 A.3d 130 · Supreme Court of Pennsylvania · Oct 17, 2018

The record establishes that Dr. Tepper reviewed Dr. … It was clearly not counsel's role (or professional obligation) to "correct" Dr.

Noll by Noll v. Harrisburg Area YMCA

537 Pa. 274 · Supreme Court of Pennsylvania · Jun 14, 1994

"Application of § 5536 to manufacturers would cut the heart out of Pennsylvania product liability law by immunizing any manufacturing company fortunate enough to have its product turned into an improvement to real property … No relationship between the activity performed and an improvement to real property is established.

Erie v. Piece of Land

339 Pa. 321 · Supreme Court of Pennsylvania · May 20, 1940

The words “the same” which follow the phrase “the several amendments and supplements thereto,” clearly refers to that phrase appearing before the pronoun “same.” … L. 599] did not change the established law that a judicial sale divests all liens and turns them over to the proceeds, but qualified the rule only to this extent, that, so far. as tax and municipal claims are not reached